EPA Orders Coal-Fired Portland Generating Station to Reduce Sulfur Dioxide Interstate Air Pollution

Portland Generating Station

The U.S. Environmental Protection Agency has ordered the coal-fired Portland Generating Station in Northampton County, PA to put an end to its interstate air pollution. In a 95-page decision issued on October 31, 2011, EPA ordered the plant, operated by GenOn REMA LLC (GenOn Energy), to reduce its sulfur dioxide emissions by 81 percent within three years.  The decision also establishes interim emission rate limits which the plant must meet within one year. The decision constitutes final rulemaking, and adds a new rule at 40 C.F.R. Section 52.2039. It has been reported that this is the first EPA rulemaking directed at a single pollution source. 

The EPA found that emissions of sulfur dioxide (SO2) from the Portland plant significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. The decision provides a detailed analysis of EPA's authority under Section 126 of the Clean Air Act to provide a remedy to downwind states subjected to pollution from out-of-state sources.  It also reviews the emissions data, air pollution dispersion modeling, available control technologies, and other technical issues supporting its decision.

UPDATE: The EPA decison was published in the November 7, 2011 Federal Register (76 Fed. Reg. 69052, et seq.) and is available at http://www.gpo.gov/fdsys/pkg/FR-2011-11-07/pdf/2011-28816.pdf.

EPA Proposes Finding Northampton County PA Coal Power Plant Causes SO2 Air Pollution Violations in NJ

Portland Coal Power Plant

UPDATE

: On October 31, 2011 the EPA Issued its final response to the New Jersey Petition, finding that the coal-fired Portland Generating Station in Upper Mount Bethel Township, PA is emitting air pollutants in violation of the interstate transport provisions of the Clean Air Act. EPA found that the plant's SO2 emissions significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. The EPA is establishing emission limitations and compliance schedules to ensure that the plant will eliminate its significant contribution to SO2 pollution in New Jersey. See

our post of November 4, 2011

.

The U.S. EPA is proposing to formally find that the coal-fired Portland Generating Station in Upper Mount Bethel Township, Northampton County, Pennsylvania, is causing interstate air pollution in violation of the federal Clean Air Act.  It also proposes to impose emission limitations to force substantial reductions of sulfur dioxide emissions from the plant.

In its "Response to Petition from New Jersey Regarding SO2 Emissions from the Portland Generating Station", EPA proposes to issue a finding that emissions of sulfur dioxide (SO2) from the Portland Plant significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. This finding is proposed in response to a petition submitted by the State of New Jersey Department of Environmental Protection (NJDEP) on September 17, 2010. EPA is also proposing emission limitations and compliance schedules to significantly reduce SO2 emissions from the plant.

According to the NJDEP petition and the proposed EPA finding,emissions from the Portland plant are causing SO2 concentrations far in excess of the NAAQS of 196 micrograms/m3.  EPA states that these violations require an

81 percent reduction

in emissions from the Portland plant to reduce SO2 concentrations below the NAAQS.

EPA will receive comments on this proposed finding, which must be received on or before May 27, 2011. Submit comments, identified by Docket ID No. EPA-HQ-OAR-2011-0081, online at 

http://www.regulations.gov

, by email to: a-and-r-docket@epa.gov. Attention Docket ID No. EPA-HQ-OAR-2011-0081, or mail to: EPA Docket Center, EPA West (Air Docket), Attention Docket ID No. EPA-HQ-OAR-2011-0081, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC  20460.

A public hearing will be held on April 27, 2011, in the Pequest Trout Hatchery and Natural Resources Education Center located in Oxford, Warren County, New Jersey 07863.

PADEP Proposes More Stringent Air Pollution Standards/NSR Rules for Fine Particulates

On February 6, 2010 The Pennsylvania Environmental Quality Board (EQB) published a formal notice of proposed rulemaking to amend Pennsylvania's New Source Review (NSR) rules to incorporate current federal requirements for fine particulate matter, so-called "PM 2.5".  Recent federal revisions to the National Ambient Air Quality Standard (NAAQS) for PM2.5 have made the standard much more stringent, reducing the primary and secondary 24-hour NAAQS for PM2.5 from 65 micrograms/cubic meter to 35 micrograms per cubic meter. As a result of this change, Bucks County, Lehigh County and Northampton County (among others) have been designated as non-attainment for the 24-hour NAAQS for PM2.5.These changes will affect new major stationary sources and major modifications to such sources which emit fine particulate matter.

The proposed rulemaking was published for public comment in the Pennsylvania Bulletin of February 6, 2010. Comments on this proposal may be submitted to the Environmental Quality Board at any one of the following addresses: U.S. Mail: EQB, P.O. Box 8477, Harrisburg, PA 17105-8477; Electronically: RegComments@state.pa.us; Street Address: 16th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301.  Comments must be received by the Environmental Quality Board by April 12, 2010.

EPA Announces New Proposed NAAQS (Air Quality) Standards for Ozone

The United States Environmental Protection Agency today announced a set of new proposed National Ambient Air Quality Standards (NAAQS) for ground-level ozone, also known as "smog". Ground-level ozone is linked to various serious health problems, ranging from aggravation of asthma to increased risk of premature death in people with heart or lung disease. EPA is proposing to replace the standards set in 2008 by the Bush administration. Those standards were roundly criticized as inadequate to protect human health as required by the Clean Air Act. EPA's press statement states: "EPA is stepping up to protect Americans from one of the most persistent and widespread pollutants we face. Smog in the air we breathe poses a very serious health threat, especially to children and individuals suffering from asthma and lung disease. It dirties our air, clouds our cities, and drives up health care costs across the country." The new primary standard, developed to protect public health, is proposed to be a level between 0.060 and 0.070 parts per million (ppm) measured over eight hours. The current eight-hour primary standard is 0.075 parts per million (ppm). EPA is also proposing to set a separate “secondary” standard to protect the environment, especially plants and trees. This seasonal standard is designed to protect plants and trees from damage due to ozone exposure,

EPA will receive public comments on the proposed rule for a period of sixty days from the date the proposed rule is published in the Federal Register.  We'll update this post with a link to the Federal Register notice when it is published.

FIRST UPDATE:  EPA has announced public hearings on this ozone NAAQS rulemaking. See the public notice for details of the EPA hearings scheduled for Arlington, Virginia and Houston,Texas on February 2, 2010 and in Sacramento, California on Feburary 4, 2010.

SECOND UPDATE: January 19, 2009: EPA today published the Federal Register notice on the proposed rule to revise the NAAQS for ozone. A copy of the proposed rulemaking is available online at http://edocket.access.gpo.gov/2010/2010-340.htm. Written comments to EPA are due by March 22, 2010. Comments may be submitted electronically to http://www.regulations.gov (follow the on-line instructions) and via e-mail to: a-and-r-Docket@epa.gov